The law of every state I can think of requires that an employer timely provide a departed employee with his or her last paycheck. I know of no law that says how that final payment must be paid. There should be a law, however, that prohibits an employer from doing so by dumping a pile of oily pennies in someone's driveway.
Tuesday, March 23, 2021
The 7th nominee for the “Worst Employer of 2021” is … the penny pincher
The law of every state I can think of requires that an employer timely provide a departed employee with his or her last paycheck. I know of no law that says how that final payment must be paid. There should be a law, however, that prohibits an employer from doing so by dumping a pile of oily pennies in someone's driveway.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 22, 2021
Coronavirus Update 3-22-2021: Covidiots at Whole Foods
"I'm Jewish; I don't have to wear a mask." That's what the maskless woman (shopping with her maskless teenage daughter) in front of me in line yesterday at the Whole Food fish counter said to the employee who politely reminded her that the mask she was holding in her hand was required to be on her face while inside the store.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 19, 2021
Coronavirus Update 3-19-2021: CDC is now recommending COVID-19 screening tests of asymptomatic employees of certain employers
The CDC is now recommending that certain non-healthcare employers test asymptomatic employees for COVID-19. According to the CDC, this screening "may be useful to detect COVID-19 early and stop transmission quickly" and can be done in done "in addition to symptom and temperature checks, which will miss asymptomatic or presymptomatic contagious workers."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 18, 2021
Coronavirus Update 3-18-2021: Employers facing lawsuits for failing to pay for pre-shift Covid screenings
In the early days of the COVID-19 pandemic, I asked this question: "Are employers legally responsible for paying workers for the time it takes to record their body temperatures before entering the workplace?"
My answer was a legal, "Probably," and a moral, "Definitely."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 17, 2021
Coronavirus Update 3-17-2021: CDC allows large employers to establish vaccination sites
Yesterday, the CDC released guidance permitting large employers to establish temporary sites to vaccinate employees.
The CDC says that employers should consider opting for an on-site vaccination program if they have a large number of employees with predictable schedules and enough space to set up a pop-up clinic while still allowing for COVID-appropriate social distancing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 16, 2021
The 6th nominee for the “Worst Employer of 2021” is … the deportation threatener
Full disclosure — I love Tate's Bake Shop's gluten free cookies. Prior to gluten free Oreos hitting supermarket shelves (I dare you to tell them apart from their full-glutened sibling), I bought Tate's gluten free chocolate chip cookies all of the time. The allegations raised by this story, however, gives me great pause in ever buying their cookies again.
It seems that Tate's is in the middle of a union organizing campaign and the baker is alleged to have threatened with deportation undocumented workers who support the union.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 15, 2021
Ch-ch-ch-ch-changes
Today brings BIG changes for my career and me. It's my first day of work at Wickens Herzer Panza after relocating my practice and joining its Board of Directors, Litigation Department, and Employment & Labor practice team (which I'll help guide).
I am beyond excited for the opportunity and platform my new home offers my practice, my clients, and me. Stay tuned for some exciting ideas about how I can better help your business proactively solve your workforce problems.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 12, 2021
Coronavirus Update 3-12-2021: What does the American Rescue Plan mean for employers?
Yesterday, President Biden signed the American Rescue Plan Act of 2021, aka the $1.9 trillion Covid relief bill. It's the most significant economic relief bill we've seen in decades. Here are four key provisions to which employers should be paying attention.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 11, 2021
Coronavirus Update 3-11-2021: Happy 1st Birthday COVID-19 Pandemic
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 10, 2021
Coronavirus Update 3-10-2021: John Oliver on unemployment
One of the lasting lessons of the COVID-19 pandemic is that our state unemployment systems are old and broken, and desperately need to be modernized and fixed. While the $1.9 trillion Covid relief package that President Biden is expected to imminently sign provides for a $300 federal unemployment bonus for a few months, that is the tiniest of bandaids on this very large problem.
Thankfully, we have John Oliver to offer his commentary on this important issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 9, 2021
Coronavirus Update 3-9-2021: CDC says fully vaccinated people can safely visit fully vaccinated Grandma (but still have to keep wearing masks at work)
Yesterday, the CDC issued its long-awaited guidance on how fully vaccinated people can safely visit others.
- Other fully vaccinated people indoors without wearing masks or staying 6 feet apart; and
- Unvaccinated people from one other household indoors without wearing masks or staying 6 feet apart if everyone in the other household is at low risk for severe disease.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 8, 2021
Coronavirus Update 3-8-2021: Local judge in hot water over “China Virus” comments
Rule number one of this blog has always been, "Don't criticize judges whom you might appear in front of." Rules, however, are made to be broken, and some issues are just too important to ignore.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 4, 2021
Coronavirus Update 3-4-2021: Please pay your employees for time off related to the Covid vaccine
Earlier this week, the House passed an extension of the FFCRA as part of its $1.9 trillion Covid stimulus bill. (I'll cover its details in a future post, but if you're curious now, head over to Jeff Nowak's FMLA Insights.)
One of the new measures in this proposed extension is the inclusion of leave taken by an employee to obtain a COVID-19 vaccine or recover from any injury, disability, illness, or condition related to the vaccine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 3, 2021
Coronavirus Update 3-3-2021: As states lift mask mandates, remember that the law is always a floor and not a ceiling
I just announced Texas is OPEN 100%.
— Greg Abbott (@GregAbbott_TX) March 2, 2021
EVERYTHING.
I also ended the statewide mask mandate.
With that announcement, Texas joins Mississippi (whose governor made the same announcement yesterday) and many of the other usual suspects with no rules mandating that people wear masks or other facial covering in public or at work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 2, 2021
The 5th nominee for the “Worst Employer of 2021” is … the safety ignorer
Nine days before Christmas, one of my neighbors posted the following on my community's Facebook page.
Any prayer warriors on here, please keep the roofer who just fell off one of the townhouses in your prayers. It doesn't look like he's moving. So so sad 😢.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 1, 2021
Coronavirus Update 3-1-2021: If “doing the right thing” doesn’t motivate you to take COVID-19 safety seriously, then consider the impact on your business if you don’t
The sign on the door of Platform Beer's Columbus, Ohio, taproom reads: "The entire Platform Columbus crew has quit. The taproom is closed until further notice. Thank you!"
— Malibu StⒶsi 🏴 (@MalibuStasi) February 27, 2021
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 26, 2021
Coronavirus Update 2-26-2021: Adaptability
Adaptability to change is itself a hallmark of successful education.
– Peter Hilton
2020 – 2021 has been a different school year for everyone. My kids are fortunate in that their school, Lake Ridge Academy, has been open for full-time, in-person instruction for the entire school year. There have, however, been key changes in the name of safety. For example, the school made the decision not to participate in interscholastic sports this year. My son was able to participate on the Middle School robotics team, with the competition submitted remotely. My daughter had the benefit of participating in the Upper School's fall play, which was staged outside in the warm autumn weather.
The Upper School musical, usually presented on stage in late February, presented a different set of challenges. An outdoor performance is simply not an option in the harsh winter climate of Northeast Ohio. An indoor live performance is also not an option because it simply cannot be executed safely within COVID-19's limitations.
So what did the school do? It adapted. Instead of performing a live, in-person musical, it spent the past several months filming its first-ever movie musical, which it will stream March 5, 6, and 7. And my daughter, Norah, has the lead role.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 25, 2021
The 4th nominee for the “Worst Employer of 2021” is … the socially distant mass discharger
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 24, 2021
Coronavirus Update 2-24-2021: How much does it cost an employer for not following COVID-19 safety rules?
OSHA has cited a Missouri auto parts manufacturer for failing to implement and enforce coronavirus protections, which ultimately lead to an employee's death. The details, from OSHA's news release.
Two machine operators … who jointly operated a press tested positive for the coronavirus just two days apart, in late August 2020. The two workers typically labored for hours at a time less than two feet apart; neither wore a protective facial mask consistently. Ten days later, two more workers operating similar presses together tested positive. On Sept. 19, 2020, one of the press operators fell victim to the virus and died.The total penalty? $15,604. For someone who died during a global pandemic because of his employer's irresponsibility
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 23, 2021
Coronavirus Update 2-23-2021: John Oliver tackles Covid and other safety issues in the meat packing industry
Last year I nominated Tyson Foods for 2020's Worst Employer because some of its managers started a cash buy-in betting pool on which of its employees would fall ill with COVID-19.
This past weekend, John Oliver did a scathing indictment of Tyson Foods and others for their health and safety record during the pandemic and otherwise.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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